STATE AIR POLLUTION CONTROL BOARD
State Implementation Plan Revision - Proposed Plan for RACT for 2008 Ozone NAAQS in the Northern Virginia Emissions Control Area
Notice of action: The Department of Environmental Quality (DEQ) is seeking comments on a proposed plan to implement reasonably available control technology (RACT) in support of the 2008 ozone national ambient air quality standard (NAAQS) in the Northern Virginia Emissions Control Area. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a) of the federal Clean Air Act (the Act). The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comments on the overall plan and on the issue of whether the plan meets RACT requirements for the Northern Virginia Emissions Control Area in support of the 2008 ozone NAAQS.
Public comment period: February 17, 2020, to March 19, 2020.
Public hearing: A public hearing will be conducted if a request is made in writing to the listed contact. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.
Description of proposal: The proposal, which is a supplement to a plan revision previously submitted on December 12, 2017, consists of the following.
1. An analysis of the regulatory underpinnings of RACT for the Northern Virginia Emissions Control Area, which consists of the Counties of Stafford, Arlington, Loudoun, Prince William, and Fairfax and the Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park.
2. Certification of the implementation of the control technique guidelines (CTGs) and alternative control techniques (ACTs) within Virginia's SIP for the Northern Virginia Emissions Control Area.
3. Negative declaration for the 2016 CTG for the Oil and Natural Gas Industry in the Northern Virginia Emissions Control Area.
4. Recertification of certain RACT analyses previously submitted in Virginia's SIP, where review of available data show that no additional controls are necessary.
5. Permit conditions for certain facilities ensuring that RACT requirements for the 2008 ozone NAAQS will be contained in Virginia's SIP.
Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposed RACT implementation document will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period. DEQ prefers that comments be provided in writing, along with any supporting documents or exhibits. Comments must be submitted to the listed contact person.
To review the proposal: The proposal is available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx. The proposal may also be obtained by contacting the DEQ representative listed in this notice. The public may review the proposal between 8:30 a.m. and 4:30 p.m. of each business day until the close of the comment period at the following DEQ locations:
1) Main Street Office, Suite 1400, 1111 East Main Street, Richmond, VA, telephone (804) 698-4070, and
2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800
Contact Information: Doris A. McLeod, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4319, or email doris.mcleod@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY
Caden Energix New Kent LLC Notice of Intent for Small Renewable Energy Project
(Solar) - New Kent County
Caden Energix New Kent LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in New Kent County. The project is located on three contiguous parcels totaling approximately 504 acres on Route 618, Olivet Church Road. Latitude: 37.492256; Longitude: -77.06389. The project will have a rated capacity of 20-megawatt alternating current and include approximately 67,000 photovoltaics solar panels.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.
Virginia Electric and Power Company Rochambeau Withdrawal of Notice of Intent for Small Renewable Energy Project (Solar) - James City County
Virginia Electric and Power Company d/b/a Dominion Energy has withdrawn the notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in James City County to be located to the east of Richmond Road (Highway 60) and to the west of Rochambeau Drive. The notice of intent was published in the Virginia Register of Regulations on February 3, 2020.
Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4319, or email mary.major@deq.virginia.gov.
STATE BOARD OF HEALTH
Drinking Water State Revolving Loan Funds
The Virginia Department of Health (VDH) is pleased to announce several opportunities for funding drinking water infrastructure. All applications may be submitted year round; however, VDH will conduct one round of evaluations for those applications submitted by the deadlines indicated in this notice. VDH will consider applications postmarked or received after the stated deadlines for funding in the following round. Funding is made possible by the Drinking Water State Revolving Fund (DWSRF) Program and the Water Supply Assistance Grant Fund (WSAG) Program (if funds are available). The FY 2021 DWSRF intended use plan will be developed using the public's input on these issues.
1. Public comments and set-aside suggestions invited (submission deadline April 10). To identify ways to improve the program, VDH seeks meaningful input from the public, the waterworks industry, or any other interested party. Anyone may make comments or recommendations to support or revise the DWSRF and WSAG programs. Anyone has the opportunity to suggest new or continuing set-aside (nonconstruction) activities. Set-aside funds help VDH assist waterworks owners prepare for future drinking water challenges and assure the sustainability of safe drinking water.
2. Construction, consolidation, and refinance fund requests (application deadline April 10). Owners of community waterworks and nonprofit noncommunity waterworks are eligible to apply for construction funds. VDH makes selections based on criteria described in the DWSRF Program Design Manual, such as existing public health problems, noncompliance, affordability, regionalization, and the availability of matching funds. VDH anticipates a funding level of $30 million.
3. Section 1452(k) (application deadline April 10). Loan funds are available to (i) community and nonprofit noncommunity waterworks to acquire land or conservation easements and (ii) community waterworks to establish local voluntary incentive-based protection measures.
4. Lead Service Line (LSL) Replacement Program (application deadline April 10). In an effort to accelerate the removal of lead in drinking water, the DWSRF Program has made funding available for the complete removal of the public or private portion of LSLs. In conjunction with other available funds, this program intends to provide up to $5,000 dollars as grant funds (of which up to $500 may be eligible as an administrative fee) for each service line replaced on the homeowner's side of the meter. The LSL includes pipe entry into the structure (up to shutoff valve) but excludes the premise plumbing.
VDH's DWSRF Program Design Manual describes the features of the listed opportunities for funding. After receiving public input, VDH will develop an intended use plan (IUP) for public review and comment. When developed, the IUP will describe specific details for use of the funds. A public meeting is planned, and written comments will be accepted before submittal of a final version to the U.S. Environmental Protection Agency for approval.
Applications, set-aside suggestion forms, program design manuals, and information materials are available on VDH's website at http://www.vdh.virginia.gov/drinking-water/financial-construction-assistance-programs/drinking-water-funding-program-details/. This information can also be obtained from Kelly Ward, FCAP Director, by telephone (804) 864-7500, FAX (804) 864-7521, or postal mail to Office of Drinking Water, Virginia Department of Health, 109 Governor Street, 6th Floor, Richmond, VA 23219. Any comments should be directed to Ms. Ward.
Additionally, VDH will offer a drinking water construction funding workshop informational meeting via webcast. The workshop has been recorded. The link will be provided on VDH's website at a later date.
Material will focus on drinking water construction funding available through VDH, and staff will discuss the DWSRF Program. The workshop will also include information about program criteria, program applications, and the project scheduling steps needed for smooth project implementation.
Contact Information: Kelly Ward, FCAP Director, Office of Drinking Water, Department of Health, 109 Governor Street, 6th Floor, Richmond, VA 23219, telephone (804) 864-7201, or email kelly.ward@vdh.virginia.gov.
Drinking Water State Revolving Fund Program Intended Use Plan
Under the Safe Drinking Water Act, Congress authorizes capitalization grants to states through the Drinking Water State Revolving Loan Fund (DWSRF) Program. As part of the annual DWSRF grant application process, Virginia seeks meaningful public involvement through input, review, and comments. The Virginia Department of Health's (VDH's) Office of Drinking Water (ODW) has prepared a draft intended use plan (IUP) that explains the goals of the program, funding priorities, how VDH intends to use the grant funds, and other important information submitted from the funding requests and set-aside suggestions.
VDH received numerous funding requests and set-aside suggestions following the January DWSRF funding solicitation announcement. The draft 2020 IUP and draft project lists are open for review and comment by the public for a period of 30 days. The document entitled "Virginia Drinking Water State Revolving Fund Program Design Manual" (dated January 2020) is a part of the intended use plan and is available by request or online, announced in the Virginia Register of Regulations, and on VDH's website. The program design manual provides information on VDH's project prioritization criteria and methodologies.
VDH will hold a public meeting to solicit comments and recommendations regarding the IUP on Thursday, March 19, 2020, from 2 p.m. to 3 p.m. at the Office of Drinking Water, 6th Floor Library, 109 Governor Street, VA 23219. Those individuals planning to attend the public meeting should contact Theresa Hewlett at telephone (804) 864-7501 by the close of business on March 18, 2020.
Any written comments from the public are to be submitted by March 19, 2020, the close of the public comment period. VDH will consider all meaningful public input and comments and make revisions to the IUP and project priority list if necessary. Please direct requests for information and forward written comments to Kelly Ward, Office of Drinking Water, Virginia Department of Health, James Madison Building, 109 Governor Street, Richmond, VA 23219, telephone (804) 864-7500, FAX (804) 864-7521.
• VDH's FY2020 Draft IUP
• VDH's FY2020 Preliminary Project Priority List/2020 Comprehensive Project List
The IUP is subject to change depending on the U.S. Environmental Protection Agency's award allocations.
BOARD OF PSYCHOLOGY
Board of Psychology Quarterly Meeting
By mistake, the April 7, 2020, Board of Psychology quarterly meeting was previously listed as canceled and still appears on the Virginia Regulatory Town Hall as canceled. Because notice of the meeting has gone out, the board cannot correct this mistake on the Town Hall website. As such, the board has rescheduled the meeting for the same date.
As of January 16, 2020, this quarterly board meeting will be held on April 7, 2020, beginning at 9:55 a.m.
Please contact the board with any questions, and the board apologizes for any confusion. Thank you for your patience.
Contact Information: Jaime Hoyle, Executive Director, Department of Health Professions, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, FAX (804) 327-4435, or email jaime.hoyle@dhp.virginia.gov.
STATE WATER CONTROL BOARD
Proposed Consent Order for American Stone Virginia LLC
An enforcement action has been proposed for American Stone Virginia LLC for violations of the State Water Control Law and regulations at the American Stone Virginia facility located in Ladysmith, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the American Stone Virginia facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or by postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 18, 2020, through March 19, 2020.
Proposed Enforcement Action for Glass Machinery and Excavation Inc.
An enforcement action has been proposed for Glass Machinery and Excavation Inc. for violations of the State Water Control Law in Scott County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Ralph T. Hilt will accept comments by email at ralph.hilt@deq.virginia.gov, FAX at (276) 676-4899, or postal mail at Virginia Department of Environmental Quality, Southwest Regional Office, 355-A Deadmore Street, Abingdon, VA 24210, from February 18, 2020, through March 18, 2020.
Proposed Enforcement Action for Mr. Nasir Jafri
An enforcement action has been proposed for Mr. Nasir Jafri for violations of the State Water Control Law and regulations at the 5 Twelve facility located in Stafford County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 18, 2020, through March 19, 2020.
Proposed Consent Special Order for Kenbridge Construction Co. for Prince George County Fire Station No. 7
An enforcement action is proposed for Kenbridge Construction Co. for Prince George County Fire Station No. 7 for alleged violations of the State Water Control Law occurring in Prince George, Virginia. The State Water Control Board proposes to issue a consent special order to Kenbridge Construction Co. that is available for review and comment at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Comments can be made from February 18, 2020, to March 18, 2020 by email at jefferson.reynolds@deq.virginia.gov or postal mail at Department of Environmental Quality, Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA 23060.
Proposed Enforcement Action for
Mr. Anthony C. Kim
An enforcement action has been proposed for Mr. Anthony C. Kim for violations of the State Water Control Law and regulations at the Phoenix Automotive facility located in Culpeper County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Jim Datko will accept comments by email at james.datko@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from February 18, 2020, through March 19, 2020.
Proposed Judicial Consent Decree for
Virginia True Corporation
The Commonwealth of Virginia is proposing to enter into a judicial consent decree with Virginia True Corporation to settle certain alleged violations of the State Water Control Law and regulations related to construction activities in Richmond County, Virginia. The proposed consent decree is available at www.deq.virginia.gov or by submitting a request for the document to comment-virginiatrue@deq.virginia.gov. Written comments will be accepted from February 17, 2020, through March 20, 2020 and should be submitted to comment-virginiatrue@deq.virginia.gov or by postal mail to Enforcement, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, or hand delivery by close of business to Enforcement, Department of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond, VA 23219.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.
Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/documents/cumultab.pdf.
Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.
ERRATA
STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
Title of Regulation: 12VAC35-260. Certified Recovery Residences.
Publication: 36:11 VA.R. 1333-1336, January 20, 2020.
To correct the chapter number of the VAC citation, make the following changes:
Corrections to Title of Regulation:
Page 1333, after "Regulation:" replace "12VAC35-270." with "12VAC35-260."
Page 1333, after "(adding" replace "12VAC35-270-10 through 12VAC35-270-40)." with "12VAC35-260-10 through 12VAC35-260-40)."
Corrections to Fast-Track Regulation:
Page 1136, top of column 1, after "CHAPTER" replace "270" with "260"
In the catchline for 12VAC35-270-10, after "12VAC35" replace "-270-10." with "-260-10."
In the catchline for 12VAC35-270-20, after "12VAC35" replace "-270-20." with "-260-20."
In the catchline for 12VAC35-270-30, after "12VAC35" replace "-270-30." with "-260-30."
In 12VAC35-270-30 C, end of line 4, replace "12VAC35-270-20" with "12VAC35-260-20"
In the catchline for 12VAC35-270-40, after "12VAC35" replace "-270-40." with "-260-40."
In column 2, after "FORMS (12VAC35" replace "-270)" with "-260)"
VA.R. Doc. No. R20-6077; Filed January 14, 2020, 1:56 p.m.